Article 610 of the Saudi Civil Transactions Law
المادة 610 من نظام المعاملات المدنية · الفرع الأول: أحكام عامة لحق الملكية أولًا: نطاق الحق
No one is prevented from using his property and no one's ownership is taken from him, except in the cases provided for by statutory provisions.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يُمنع أحد من ملكه ولا ينزع ملكه منه إلا في الأحوال التي تقررها النصوص النظامية.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 610 explained in plain English
This article sets out the principle of protecting private ownership, and contains two related rules:
- No one is prevented from his property, meaning no one is kept from benefiting from what he owns.
- No one's property is taken from him.
The only exception the article mentions is the cases provided for by statutory provisions. Prevention or taking is therefore permitted only where a statutory provision allows it. The article does not state what these cases are, nor their procedures, nor any compensation that follows; it refers to the statutory provisions that set them out, which are consulted in each case.
The practical effect of this article is that the starting point is that property stays with its owner and he is enabled to use it, and that anyone who claims a right to prevent an owner or take his property must rely on a statutory provision that allows it.
The article is linked to Article 609, which sets the scope of the right of ownership, and to Article 611, which requires the owner to comply with the statutory restrictions set for the public or private interest. Anyone who has been subjected to prevention from his property or its taking would do well to consult a lawyer who specializes in real estate or administrative cases, depending on the body concerned.
Practical example
Abdulrahman owns land in Abha, and his neighbor put up a fence preventing him from entering it, claiming to have a better right to it. Under the article, the rule is that no one is prevented from his property except in the cases provided for by statutory provisions, so Abdulrahman may demand to be enabled to use his land.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 610 of the Saudi Civil Transactions Law
Can a person's ownership of his real estate be taken?
Only in the cases provided for by statutory provisions, according to the article.
Does the article specify the cases of taking ownership?
No. The article refers to the statutory provisions that set out these cases without listing them.
More articles on Ownership, Co-Ownership and Partition
- Article 22
The article defines an immovable as a thing fixed in its place that cannot be moved without damage or change in its form, everything else being movable, and treats a movable that its owner assigns to the service or exploitation of his immovable as an immovable by destination.
1- العقار كلُّ شيءٍ ثابتٍ في حيزه لا يمكن نقله منه دون تلفٍ أو تغيُّرٍ في هيئته، وما عدا ذلك فهو منقول. 2- يعدُّ عقارًا بالتخصيص المنقولُ الذي يضعه مالكه في عقا
- Article 26
The article divides the real right into principal rights, such as ownership, usufruct, use, habitation, easement and waqf, and accessory rights, such as mortgage and privilege, together with what the legal provisions so consider.
1- يكون الحقُّ العينيُّ أصليًّا أو تبعيًّا. 2- الحقوق العينية الأصلية هي حق الملكية، وحق الانتفاع، وحق الاستعمال، وحق السكنى، وحق الارتفاق، وحق الوقف، وما يعد ك
- Article 112
The article provides that termination of a contract cannot be asserted against the contracting party's specific successor if he acquired a real right in good faith.
لا يحتج بفسخ العقد تجاه الخلف الخاص للمتعاقد إذا كسب حقًّا عينيًّا بحسن نية.
- Article 131
A building's keeper is liable to compensate for damage caused by the collapse of all or part of the building, unless he proves that it was not due to neglect of maintenance, age of the building or a defect in it.
يكون حارس البناء مسؤولًا عن تعويض الضرر الذي يحدثه تهدّم البناء كله أو بعضه؛ ما لم يثبت أن الضرر لا يرجع سببه إلى إهمال في الصيانة أو قدم في البناء أو عيب فيه.
- Article 133
Anyone threatened with damage from a particular thing may demand that its keeper take measures to avert the danger; if he does not, the threatened person may carry them out with court permission at the owner's expense, or without it in urgency.
لكل من كان مهدَّدًا بضررٍ من شيءٍ معيَّنٍ أن يطالب حارسه باتخاذ ما يلزم من التدابير لدرء خطره، فإذا لم يقم باتخاذ هذه التدابير في وقت مناسب فلمن يهدده الخطر أن
- Article 371
The article allows a partner to give his share in jointly owned property to his partner or to someone else, whether the property is real estate or movable, even if it is divisible.
تصح هبة الشريك حصته في المال الشائع لشريكه أو لغيره عقارًا كان أو منقولًا، ولو كان الموهوب قابلًا للقسمة.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.